What is a Data Sharing Agreement Review?
A data sharing agreement is a legal contract between parties that enables them to share, use, and access data. It outlines important aspects related to these tasks, such as how to protect the data, roles and duties of both parties, and restrictions on data usage.
Reviewing this agreement for clarity, transparency, and legal soundness will protect your interests and can prevent future disputes with the other party.
Read the rest of this article to explore what’s included in a data sharing agreement, how to review this agreement, and when to consult with a qualified lawyer for assistance with the process.
What’s Included in a Data Sharing Agreement?
A data sharing agreement typically includes key terms such as the following:
- Data types. This specifies what types of data are included in the agreement and will be shared. It can include sensitive data, anonymized data, and personal data.
- Purpose. What the data will be used for must be clearly specified and limited.
- Usage restrictions. It’s crucial to state how the information can’t be used, such as sharing it with third parties or modifying it.
- Retention period. The agreement mentions for how long the data can be kept.
- Security. The data included in the agreement must be secured. This can involve encryption and setting up secure storage systems.
- Privacy and compliance. The agreement needs to be compliant with all legal frameworks and data privacy laws to prevent legal and financial risks.
What are Tips for Reviewing a Data Sharing Agreement?
When reviewing your data sharing agreement, you should pay attention to specific terms to protect your interests and prevent disputes. Here are some tips to bear in mind.
Make Sure the Data is Specific
There should be no vague or generic wording in the contract, as this can be open to misinterpretation. Check that the contract defines the types of data that parties will share and what is not allowed or authorized. This prevents the receiving party from accidentally violating the rules.
Check that Roles are Defined
Both parties’ roles and duties need to be specified in the agreement to prevent confusion or lack of accountability if there is an incident. For example, you want to clarify who is the data controller and data processor.
Ensure Everything is Easy to Understand
Your data sharing agreement contains rules that should be easy for all parties to understand, so it must be written in clear, concise language. During your review, you should flag any legal or highly technical language.
Note the Purpose of the Agreement
The purpose clause of the data sharing agreement should provide clarity on the following:
- The goals you and the other party have.
- Why data has to be shared to achieve those goals.
- Benefits or advantages of sharing the data.
Review the Agreement Regularly
When you’ve reviewed the data sharing agreement, you shouldn’t put it away and forget about it. The agreement needs to be reviewed annually or at certain project milestones so you can be assured that your risks are minimized and you’re remaining compliant with all regulations.
Other key instances when you should review the data sharing agreement include if/when:
- There’s a change in circumstances regarding how or when the data is to be shared.
- There’s been a security breach in your company.
Consider Long-Term Consequences
The data sharing agreement doesn’t end when the contract is terminated. There could be consequences to consider.
Besides having the agreement reviewed regularly, it’s also wise to consider things like data disposal. You should think about how the data is going to be stored and how it must be disposed of when no longer required.
Another term to consider is dispute resolution. You want to ensure that should conflicts arise between parties, you can resolve the issues out of court, such as via mediation or arbitration, that will significantly lower your legal costs.
Get a Legal Review
While you can review a data sharing agreement yourself, it’s worth consulting with a legal professional. A lawyer will closely examine the agreement to protect you in various ways, such as the following:
- They’ll interpret complicated or legal language to make the agreement easy for all parties to understand.
- They’ll spot any hidden risks in the form of ambiguous classes that could expose you to problems, such as unauthorized use of data.
- They’ll check that the agreement is legally compliant with all data protection and privacy laws.
- They’ll assess exactly how the data is going to be stored, disposed of, processed, and used to clarify duties and roles.
- They’ll protect you in the event of violations or breaches.
- They’ll negotiate on your behalf if there are terms you want changed.
- They’ll guard your intellectual property (IP) and ownership rights.
- They’ll revise or re-draft the agreement should this be required.
- They’ll protect you from signing a data sharing agreement that doesn’t reflect your priorities.
Where Can You Get a Legal Review of Your Data Sharing Agreement?
Once you’ve read the entire data sharing agreement, you might decide that you want a lawyer to thoroughly review it. Online legal marketplaces make the contract-review process simple as you don’t have to leave your home to get legal assistance.
On ContractsCounsel, one of the biggest online legal marketplaces where clients easily connect with qualified lawyers, you can post a request for a legal review of your data sharing agreement from a professional lawyer who has years of experience.
It’s easy to start the contract review process. Follow these steps:
- Go to the ContractsCounsel marketplace page.
- Choose “One-time project” and “Review contract.”
- Post your project on the platform (it’s free).
- Include a bit of information about what you require so lawyers know how to help you.
- Once you’ve posted your project, you’ll receive multiple bids from vetted lawyers on the platform.
- You can review the lawyers’ profiles based on their location, credentials, years of experience, and client ratings, as well as other data.
- Once you’ve gone through the lawyer profiles, you can choose a lawyer to work with who is best suited to your legal requirements.
